Drinkwine v. State

This appeal is from an order of the Chancery Court for the County of Addison dismissing plaintiffs’ bill of complaint for failure to state a cause of action. The sole question raised by the plaintiffs’ appeal is whether the doctrine of absolute ownership of percolating waters should be modified in Vermont to include a standard of reasonable use.

The defendant in addition to its answer moved to dismiss the bill of complaint. Since this motion attacks the, sufficiency of the petition, it is in the nature of a demurrer and its consideration depends entirely upon the facts stated in the petition.…